END-USER LICENSE AGREEMENT FOR ESAVVY SOLUTIONS. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING.
eSavvy End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and eSavvy. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and eSavvy, (referred to as "Licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. The Licenser reserves the right to update the EULA at any time without notice to you. If you do not agree to the terms of this EULA, do not download, install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
eSavvy grants you the right to install and use the SOFTWARE PRODUCT on your computer running a valid licensed copy of the operating system for which the SOFTWARE PRODUCT was designed, only as expressly permitted in this agreement.
(b) Backup Copies.
You may make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not make more copies of the SOFTWARE PRODUCT for others to copy or distribute the SOFTWARE PRODUCT to third parties.
(c) Resell.
You may not resell the SOFTWARE PRODUCT to third parties.
(d) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
(e) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(f) Support Services.
Because the SOFTWARE PRODUCT is ‘As Is” we may not provide Support Services. In the event that the Licenser does provide Support Services it reserves the right to charge fees for the Support Services in its absolute discretion. Support for the SOFTWARE PRODUCT may be available via a Master Services Agreement with eSavvy. Contact eSavvy for more information.
(g) Governing Laws.
The laws of the state of NSW, Australia governs this Agreement.
3. TERMINATION
Without prejudice to any other rights, eSavvy may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by eSavvy or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by eSavvy.
5. NO WARRANTIES
You bear the risk of using the SOFTWARE PRODUCT. eSavvy expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. eSavvy does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. eSavvy expressly disclaims any warranty or representation to you or to any third party.
6. LIMITATION OF LIABILITY
In no event shall eSavvy be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of your use of or inability to use the SOFTWARE PRODUCT, even if eSavvy has been advised of the possibility of such damages. In no event will eSavvy be liable for loss of data, for direct or for indirect damages, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. eSavvy shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. MATERIALS FROM THIRD PARTIES
Certain components of the SORTWARE PRODUCT may include material from third parties or links to certain third party web sites. You acknowledge and agree that the Licenser is not responsible for examining or evaluating the content or accuracy of any such third party material or websites. The Licenser does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or web sites or for any other materials, products, or services of third parties. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party and that the Licenser is not in any way responsible for any such use by you.
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